Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Land Use Law & Policy Reporter

August/September 2017

Volume 26, Number 11 August/September 2017


National Security and NEPA—The Ninth Circuit Upholds an EIS for a Navy Explosives Handling Wharf—But Remands the Case to the U.S. District Court for Disclosure-Related First Amendment Issues by Chris Stiles, Esq., Remy Moose Manley, LLP, Sacramento, California319


Farm Groups’ Suit Requests to Set Aside Federal Rule Designating over 1.8 Million Acres of Critical Habitat323


U.S. Supreme Court Addresses New Multi-Factor Test in Regulatory Takings Analysis325

Murr v. Wisconsin, ___U.S.___, 137 S.Ct. 1933, (June 23, 2017).


California Supreme Court:

California Supreme Court Upholds Greenhouse Gas Threshold Analysis in Regional Transportation Plan327

Cleveland National Forest Foundation v. San Diego Association of Governments ___Cal.5th___, Case No. S223603 (July 13, 2017).

California Supreme Court Finds No Conflict in Applying CEQA to Rail Project329

Friends of Eel River v. North Coast Railway Authority, ___Cal.5th___, Case No. S222472 (July 27, 2017).

California Supreme Court Finds Plaintiffs Forfeited Right to Challenge Legality of Permit Conditions by Constructing Project Prior to Judicial Determination on Their Objections331

Lynch v. California Coastal Commission, 3 Cal.5th 470 (2017).

California Supreme Court Finds California Private Property Rights Confirmed over ‘Dedication’ by Mere Implication333

Scher et al., v. Burke et al., ___Cal.5th___, Case No. S230104 (June 15, 2017).

District Court of Appeal:

Fourth District Court Rejects CEQA Challenge to Public Acquisition of Property335

Bridges v. Mt. San Jacinto Community College District, ___Cal.App.5th___, Case No. E065213 (4th Dist. Aug. 8, 2017).

Third District Court Holds City’s Cooperative Agreement with Former Redevelopment Agency Rendered Unenforceable by Dissolution Law336

City of Galt v. Cohen ___Cal.App.5th___, Case No. C075897 (3rd Dist. June 2, 2017).

First District Court Orders Land Owner to Open Beach to Public Access338

Surfrider Foundation v. Martins Beach 1 LLC et al., ___Cal.App.5th___, Case Nos. Land Owner A144268, A145176 (1st Dist. Aug. 9, 2017).

Second District Court Confirms Illegality of Initiative Operating to Place Adjudicatory Powers in the Hands of the Electorate340

The Park at Cross Creek, LLC v. City of Malibu, 12 Cal.App.5th 1196 (2nd Dist. 2017).